Looking to resolve a dispute over personal property like vehicles, plant, machinery or livestock?

Personal Property Disputes

Our team brings a practical approach to your dispute and is ready to help you explore your options.
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How long does it take?

Disputes over property can transpire quickly. We'll work with you and respond appropriately with regard to the urgency of your situation.

Who's Involved?

  • You and your lawyer
  • the other party and their lawyer (if they are represented)
  • often there can be third parties involved too who may lay claim over the property (e.g. banks or other creditors who may have security over the property involved)

What's the process?

Initial steps

You'll get in touch with us to discuss your situation, who your dispute is with and how your problem has arisen. The earlier you contact us the better as these matters can escalate very quickly.

We'll do a conflict check to make sure we can take on your matter and ask you some questions. We'll need to find out who has possession of the property right now, who is laying claim to the property, how urgent the situation is and what paperwork and other protections there are in place to document any rights you have.

What happens next?

We'll review the paperwork and consider the Personal Property Securities Register (which is a database in Australia where people must register their interest in personal property to make sure their interest is properly secured). Once we've done some investigating we will give you some advice about your legal position and what rights you have and any potential problems with your case. It is always better to know these things early on in the process.

Potential legal avenues

Depending on your circumstances and the value of the assets involved, we may suggest that you recover possession of the property, or apply for an injunction (which if granted will mean the other party will be restrained from dealing with the property). We may also suggest you bring an action in "detinue" (which means you seek the property be returned to you) or "conversion" (if your property has unlawfully been sold by someone else).

What to have in order

  • As many details as you can about the other party (name, address, whether they have engaged a lawyer too, any relevant details about their circumstances).
  • Copies of any correspondence and any contract or paperwork relevant to your dispute.
  • Details of any third party that may also be claiming an interest in the property.
  • Available photos you have of the property and details of where the property is now (or where you think it might be if you're not sure).
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Our Personal Property Disputes Team

Rebecca Alexander
Shaun Moloney